By Ikechukwu Nnochiri
The Federal High Court in Abuja has deferred its judgment on the case seeking to compel the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.
The other political parties the suit seeks to invalidate are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).
Although the court had scheduled the matter for judgment on Friday, proceedings could not be held owing to the absence of Justice Peter Lifu, who was said to be out of jurisdiction.
An official of the court announced to the parties that a new date for the judgment would be communicated to them.
The National Forum of Former Legislators, in the suit marked FHC/ABJ/CS/2637/2026, prayed the court to determine whether INEC has a constitutional obligation to remove political parties that fail to meet the electoral performance thresholds set out in Section 225A of the 1999 Constitution (as amended), as reinforced by the Electoral Act 2022 and INEC’s regulations.
It is the position of the plaintiff that the five political parties listed as defendants in the suit have persistently failed to meet the constitutional benchmarks required to retain their registration.
The former legislators stressed that the requirements include winning at least 25 per cent of votes in a state during a presidential election or securing at least one elective seat at the national, state, or local government level.
They told the court that the ADC and the four other parties performed poorly in both the 2023 general elections and by-elections conducted by INEC, thereby failing to win seats across key tiers of government.
The litigants insisted that the continued existence of the ADC and the other defendants as recognised political parties is unlawful and undermines the integrity of the country’s electoral system.
Among other reliefs, the plaintiff urges the court to declare that INEC is duty-bound to deregister such parties.
It further wants the court to compel the commission to deregister the five political parties before preparations for the 2027 elections advance further.
Beyond declaratory reliefs, the plaintiff wants the court to restrain the five affected parties from participating in general elections or engaging in political activities such as campaigns, rallies, and primaries.
It also seeks a court injunction restraining INEC from recognising or dealing with the parties in any official capacity unless and until they strictly comply with constitutional provisions.
Justice Lifu fixed the matter for judgment after the parties adopted their final briefs of argument.
The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who is also a defendant in the matter, threw his weight behind the plaintiff.
In processes he filed before the court, the AGF argued that the continued existence of the said political parties violates extant provisions of the 1999 Constitution (as amended) and ultimately undermines the nation’s electoral integrity.
According to him, unless the court intervenes, INEC would continue to act in breach of its constitutional duty by retaining parties that have failed to meet the minimum requirements prescribed by law.
The AGF, in an affidavit filed through a team of lawyers led by Prof. Joshua Olatoke, SAN, maintained that as the chief law officer of the federation, he is duty-bound to defend and uphold the Constitution, including ensuring compliance with the Electoral Act and other laws governing elections in the country.
“The 1st Defendant has no residual discretion to retain the registration of political parties that have clearly failed to satisfy the minimum threshold prescribed under Section 225A of the Constitution.
“The continued existence of non-performing political parties will inflate the ballots, burden public funds, complicate election administration, and undermine the constitutional intention behind Section 225A of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“Any failure or refusal of the 1st Defendant to deregister the 3rd to 7th Defendants as political parties constitutes a continuing breach of constitutional duty, capable of being challenged by way of public interest litigation.
“Unless this Honourable Court intervenes, the 1st Defendant (INEC) will continue to act in breach of its constitutional duty to deregister the 3rd to 7th Defendants — parties that have failed to meet the constitutional threshold — as the right to associate as a political party under the Constitution is not absolute,” the AGF added.
Consequently, he urged the court to grant all the reliefs contained in the suit, insisting that doing so would be in the interest of justice.
However, INEC, through its lawyer, Mr. Haliru Mohammed, challenged the competence of the suit, which it urged the court to dismiss.
